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FAR and DFARS › DFARS Part 217: Special Contracting Methods › Subpart 217.2

DFARS 217.208-70 Additional clauses.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section tells contracting officers when to include two specific DFARS clauses in solicitations and contracts. It matters to contractors because it determines whether an option to fulfill foreign military sales commitments or a surge option may appear in their contract, and which version of the clause applies.

Applies to: Solicitations and contracts involving foreign military sales requirements or surge options for industrial capability production planning

What it requires

  • Use the basic or alternate of clause 252.217-7000 when an option may be used for foreign military sales requirements
  • Do not use clause 252.217-7000 in contracts for establishment or replenishment of DoD inventories or stocks, or acquisitions under DoD cooperative logistics support arrangements
  • Use the basic clause when the foreign military sales country is known at solicitation or award
  • Use alternate I when the foreign military sales country is not known at solicitation or award

Key terms: Exercise of Option to Fulfill Foreign Military Sales Commitments · Surge Option · foreign military sales · surge option · industrial capability production planning

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Use the basic or the alternate of the clause at 252.217-7000, Exercise of Option to Fulfill Foreign Military Sales Commitments, in solicitations and contracts when an option may be used for foreign military sales requirements. Do not use the basic or the alternate of this clause in contracts for establishment or replenishment of DoD inventories or stocks, or acquisitions made under DoD cooperative logistics support arrangements.

(1) Use the basic clause when the foreign military sales country is known at the time of solicitation or award.

(2) Use the alternate I clause when the foreign military sale country is not known at the time of solicitation or award.

(b) When a surge option is needed in support of industrial capability production planning, use the clause at 252.217-7001, Surge Option, in solicitations and contracts.

(1) Insert the percentage or quantity of increase the option represents in paragraph (a) of the clause to ensure adequate quantities are available to meet item requirements.

(2) Change 30 days in paragraphs (b)(2) and (d)(1) to longer periods, if appropriate.

(3) Change the 24-month period in paragraph (c)(3), if appropriate.

Sections it refers to

Sections that refer to it

← 217.208 Solicitation provisions and contract clauses. · 217.500 Scope of subpart. →

Rule changes for DFARS Part 217

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 217.208-70 Additional clauses · SpendQuery